Terms of service
OVERVIEW
Welcome to GymMembersNow! The terms “we”, “us” and “our” refer to GymMembersNow. GymMembersNow operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). GymMembersNow is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS & SERVICES
We make every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ due to the device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online stores.
All descriptions of products and services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or service at any time and may limit the quantities of any products offered to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. GymMembersNow reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GymMembersNow confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as GymMembersNow may be unable to accommodate cancellation requests after an order is accepted. In the event we do not accept, make a change to, or cancel an order, we will attempt to notify you via the contact details provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that any merchandise purchases are for your own personal use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are authorized to use that payment method; and
(iii) charges incurred will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY (MERCH)
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss passes to you.
SECTION 6 - GYMMEMBERSNOW GROWTH PROGRAM (SERVICE TERMS)
This section applies to purchases of the GymMembersNow Growth Program and any other done-for-you services, consulting, implementation, or marketing services we provide (“Program Services”).
6.1 No Guarantees / No Earnings Claims
We do not guarantee any specific results, including increased revenue, number of leads, booked appointments, new members, or return on ad spend. Results depend on many factors outside our control, including your market, pricing, sales process, staff follow-up, lead quality, ad budget, and execution.
6.2 Client Responsibilities
To deliver Program Services, you agree to provide timely access to required business assets and systems (e.g., ad accounts, CRM access, website access, social pages, brand assets, intake forms, calendars, phone systems) and to respond in a reasonable timeframe to requests for approvals and information. Delays in providing access or approvals may delay delivery timelines.
6.3 Access & Delivery
After purchase, you will receive onboarding instructions within 24 hours by email. Service delivery begins after onboarding is completed and a kickoff is scheduled.
6.4 Refunds for Program Services
Refunds for Program Services are governed by our Refund Policy [LINK]. Program Services are non-refundable once the onboarding call has occurred, because work begins immediately and resources are allocated.
6.5 Chargebacks
If you have concerns, contact support@gym-members-now.com before initiating a payment dispute. Unauthorized chargebacks may result in suspension of services.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, reviews, video, audio, and the design and arrangement thereof, are owned by GymMembersNow, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only (except where you have purchased Program Services for your business use). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
GymMembersNow names, logos, product/service names, designs, and slogans are trademarks of GymMembersNow. Shopify’s name and logo are trademarks of Shopify. All other trademarks belong to their respective owners.
SECTION 8 - OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from your use of optional third-party tools.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials. If you choose to access third-party sites, you do so at your own risk.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
GymMembersNow is powered by Shopify, which enables us to provide the Services. However, any sales and purchases are made directly with GymMembersNow. You acknowledge Shopify is not responsible for any aspect of sales between you and GymMembersNow. You expressly release Shopify and its affiliates from all claims arising from or related to your purchases.
SECTION 11 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK] and may also be subject to Shopify’s Privacy Policy.
SECTION 12 - FEEDBACK
If you submit reviews, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 14 - PROHIBITED USES
You may use the Services only for lawful purposes and may not misuse the Services, attempt to compromise security, transmit malicious code, scrape, spam, impersonate others, or violate intellectual property rights.
We reserve the right to suspend or terminate access if we determine a violation has occurred.
SECTION 15 - TERMINATION
We may terminate access to the Services at any time without notice. You remain liable for all amounts due up to and including the termination date. Provisions that by their nature should survive termination will survive.
SECTION 16 - DISCLAIMER OF WARRANTIES
The Services and all products/services are provided “as is” and “as available” without warranties of any kind, either express or implied, to the fullest extent permitted by law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, GymMembersNow and its affiliates and service providers will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, or lost data, arising from your use of the Services or any products/services purchased through the Services.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless GymMembersNow and Shopify and their affiliates, officers, directors, employees, agents, contractors and service providers from claims arising out of your breach of these Terms, violation of law, or misuse of the Services.
SECTION 19 - SEVERABILITY
If any provision is unlawful or unenforceable, the remaining provisions will remain in effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure to enforce any right is not a waiver. These Terms and referenced policies constitute the entire agreement between you and GymMembersNow regarding the Services.
SECTION 21 - ASSIGNMENT
You may not assign these Terms without our written consent. We may assign our rights and obligations without notice.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of the state where GymMembersNow is headquartered, without regard to conflict of law principles. You consent to jurisdiction and venue in the applicable courts.
SECTION 23 - CHANGES TO TERMS
We may update these Terms by posting changes to our website. Continued use after changes are posted constitutes acceptance.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms should be sent to:
GymMembersNow
Support: support@gym-members-now.com
Business Address: 6000 Monona Dr #204, Monona, WI 53716
Business Phone: (859)605-3405